The uncertain future of the NCAA post Alston – Federal v State Legislation v Conference Guidelines

This article provides background on the development of amateurism in college athletics, the constraints imposed by the Alston decision, and potential ramifications for the regulation of financial benefits to college athletes moving forward.

Specifically, this article discusses:

• Antitrust in the Context of College Athletics before NCAA v. Alston
• Summary of The Alston Decision and what it means for NCAA's regulation under anti-trust laws
• Antitrust in College Athletics in a Post-Alston World & Potential Outcomes – federal legislation, state legislation, conference guidelines & more
• Further background reading:
  • College Athletics and their structure in the United States
  • History and Growth of U.S. College Sports Regulation
  • What are Conferences in US College Sports

In June 2021, the United States Supreme Court issued a unanimous decision in National Collegiate Athletic Association v. Alston (Alston), analyzing the concept of amateurism in the context of college athletics. More specifically, the Alston Court addressed the financial benefits that could be offered to college athletes in the context of antitrust law in the United States. 

Despite the narrow ruling provided in Alston, the guidance provided by the nation’s highest court calls into question the foundations on which college athletics have developed for more than 100 years.